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On 2nd February, 1863, Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the Calcutta High Court. His office would be considered to have been vacated if he is appointed as a judge of the Supreme Court or is transferred to some other High Court. The act did not itself created High Court, but gave authority to British Crown to establish these courts(Whats the difference really ? entitled. The Indian High Courts Act of 1861 (24 & 25 Vict. What are the functions of the High Court? The object of the act was to merge Adalat system with Supreme Court and overcome certain problems which were discussed earlier. The High Courts of Calcutta, Madras and Bombay were established by Indian High Courts Act 1861. The jurisdiction and powers exercised by these courts was to be assumed by the High Courts. 2. Presented by:Aradhya Gupta . It simply stated that the powers of the erstwhile Supreme Courts would vest in the High Courts. The pay of the Chief Justice of a High Court is rupees 250,000/- per month and that of the other judges is rupees 225,000/- per month. The Indian High Courts bill was moved by the secretary of State Sir Charles Wood in the House of Commons on 6th June, 1861 and finally the Indian High Courts Act was passed by the British Parliament on 6th August, 1861. Indian Councils Act-1861 (UPSC Notes):-Download PDF Here. (b) The High Court in criminal cases hears the appeal in which the accused has been sentenced to four years imprisonment by the Sessions Judge. c. 10 AN ACT TO EXTEND THE JURISDICTION AND IMPROVE THE PRACTICE OF THE HIGH COURT OF ADMIRALTY [17th May, 1861] WHEREAS it is expedient to extend the Jurisdiction and improve the Practice of the High Court of Admiralty of England: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the … AN ACT. The Indian Civil Service Act Indian High Courts Act, 1861 The Indian High Courts Act reorganized the judicial organization in India by uniting the company’s Courts and the King's Courts. The Indian High Courts Act 1861 had also spelled the composition of the High Court. Provisions of the Indian Councils Act 1861. 28 lessons • 4 h 49 m . But this system was not perfect; the appointment procedure of judges was faulty. Three Presidency High Courts of Calcutta, Bombay, and Madras were established in the place of old Supreme Court and Sadar Courts Recommended 1861 act Domodaram Sanjivayya National Law University. A judge of High Court may be removed by the President if the Parliament passes a motion against him by an absolute majority and 2/3rd majority of the members present and voting, both the Houses sitting separately. [Act No. The Act was passed after the First War of Independence of 1857 and consolidated the parallel legal systems of the Crown and the East India Company. The appellate jurisdiction of the High Courts extends so: (a) The High Court can hear appeals in civil cases if the amount involved in the case is at least Rs. By Indian High Courts Act 1861, the Supreme & Sadar Courts were amalgamated. A High Court has the power to strike down any law of the State or any order of the executive if it violates any provision of the constitution or curtails or takes any of the Fundamental Rights of the people. Preamble reciting 24 & 25 Vict. The Indian High Courts Act of 1861[1] (24 & 25 Vict. Lesson 9 of 28 • 107 upvotes • 13:40 mins. Under §3 of the Act, judges could be selected from barristers (with 5 years of experience), civil servants (with 10 years of experience including 3 years as a zillah judge), judges of small cause courts or sudder ameen (with 5 years of experience), or pleaders of lander courts or High Courts (with 05 years of experience). Indian High Court Act 1861 also gave power to set up other High Courts like the High Courts of the Presidency Towns with similar powers. The Charter of High Court of Calcutta was issued on 14th May, 1862 and Madras and Bombay was issued on June 26, 1862. v. (c) The death sentence awarded by Sessions Judge is subject to approval by the High Court. In the … Each High Court could consist of a chief justice and up to 15 judges. The objective of this act was to effect a fusion of the Supreme Courts and the Sadar Adalats in the three Presidencies and this was to be consummated by issuing Letter Patent. Under this power, a High Court was established in 1866 at High Court of Judicature for the North-Western Provinces at Agra on 17 March 1866 by the Indian High Courts Act of 1861 replacing the Sadr Diwani Adalat. Indian High Courts Act, 1861The Indian High Courts Act reorganized the judicialorganization in India by uniting the company’s Courts andthe Kings Courts.Three Presidency High Courts of Calcutta, Bombay, andMadras were established in the place of old courts. The Indian High Courts Act 1861 – The Indian High Courts Act was passed by the British Parliament on the 6th August, 1861 and was titled as an act for establishing high courts of judicature in India. The Indian High Courts Act 1861 –. Stay connected to all updated on High Courts Act 1861 Pavan Choudhary. §16 granted His Majesty the King the power to establish an additional High Court at Allahabad. The Government of India Act, 1915, in Part-IX absorbed all the High Courts established in British India by Letters Patent which includes the High Court of Judicature at Madras also. The High Courts of Calcutta, Madras and Bombay were established by Indian High Courts Act 1861. An Act to extend the Term for granting fresh Letters Patent for the High Courts in India, and to make further Provision respecting the Territorial Jurisdiction of the said Courts. Each High Court could consist of a chief justice and up to 15 judges. Appointment of the Judges: The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. Indian High Courts Act, 1861 did not by itself create and establish the High Courts in India. Now there were five members for home, military, law, revenue and finance. An Act to extend the Jurisdiction and improve the Practice of the High Court of Admiralty. The power of His Majesty under section sixteen of the Indian High Courts Act, 1861,’may be exercised from time to time, and a High Court may be established wider that section in any portion of the territories within His Majesty’s (dominion in India, whether or not included within the limits of the local jurisdiction of another High Court; and, where such a High Court is established in any part of such territories … In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India.  It also empowered the Crown to establish High Court in the North-Western provinces  Each High Court was to have jurisdiction over all courts subject to its appellate jurisdiction  S.2 of the Act laid down that the High Court was to consist of one Chief Justice and other puisne Judges not … Simple way to remember the lessons of Indian Legal History.. . Tenure: Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution. The Act consists of 19 sections only. The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish High Courts of Calcutta, Madras and Bombay. Get Latest News, Breaking News about High Courts Act 1861. The chief Justice and minimum of one third regular judges had to be barristers and minimum one third regular judges were to be from the “covenanted Civil Service”. Under §5 of the Act, judges served at the pleasure of Her Majesty. Share. Admiralty Court Act, 1861 Chapter 10 . Removal of the Judges: A judge may leave his office by resigning. The chief justice had precedence over judges, whereas judges had seniority based on appointment.62 years retirement age. The Indian High Courts Act was passed by the British Parliament on the 6th August, 1861 and was titled as an act for establishing high courts of judicature in India. ). Sir Barnes Peacock was its first Chief Justice. Indian High Court Act 1861 also gave power to set up other High Courts like the High Courts of the Presidency Towns with similar powers. (d) The High Court hear the cases involving interpretation of the Constitution or Law. In 1861, Indian High Courts Act was passed by the British Parliament. (A sixth member for public works was added in 1874.) (a) Every High Court under Article 226 is empowered to issue writs, orders, directions including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari or any of them to any person or authority with in its territory for the enforcement of the Fundamental Rights and for any other purpose. The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish High Courts of Calcutta, Madras and Bombay. However it was shifted to Allahabad in 1869 and the name was correspondingly changed to the, Current Affairs MCQs PDF - December, 2020, Current Affairs [PDF] - December 16-31, 2020, Current Affairs [PDF] - December 1-15, 2020. [Fifty pounds is equivalent to N$100.] R.).] An act to establish High Courts in colonial India. There is one High Court at Chandigarh for Punjab, Haryana and Union Territory of Chandigarh. The original jurisdiction of the High Court is restricted. SHORT TITLE. This Act may be cited for all purposes as “The Admiralty Court Act, 1861.” INTERPRETATION OF TERMS. After the establishment of the High Courts at the three Presidency towns, the Act of 1861 did not specify or clarify their power to issue the prerogative writs. It exercises the power of superintendence and control over all courts and tribunals throughout the territory except the military tribunals. Stay connected to all updated on high courts act 1861 For a list of High Courts in India, check the linked article. High Court at Calcutta which was formerly known as High Court of Judicature at Fort William was established on July 1, 1862. The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish High Courts of Calcutta, Madras and Bombay. All Judges were the be in the office on the pleasure of the Crown. I think it should be added Jurisdiction and Function of High court, © Copyright 2009-2019 GKToday | All Rights Reserved, By Indian High Courts Act 1861, the Supreme & Sadar Diwani Adalat were amalgamated. Course Overview (in Hindi) 2:03 mins. Admiralty Court Act 1861 (Adopted). These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. ARRANGEMENT OF SECTIONS. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. A judge of a High Court may also be removed like a judge of the Supreme Court. Preamble reciting 24 & 25 Vict. The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish, High Courts of Calcutta, Madras and Bombay. This legislation contained only 19 sections only. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. As per the Government of India Act, 1915, the Letters Patent, 1862 and 1865 issued under the Indian High Courts Act, 1861, are also deemed to be repealed. Short title.-This Act may be cited for all purposes as The Admiralty Court Act, 1861. Save. By Indian High Courts Act 1861, the Supreme & Sadar Diwani Adalat were amalgamated. The functions of the High Court are described in the below section under subsections such as its jurisdiction, powers, role, etc. Preamble 1. Under article 9 of the Act, each High Court had "all such powers and authority for and in relation to the administration of justice" including original and appellate jurisdiction over civil, criminal, admiralty, vice-admiralty, testamentary, intestate, and matrimonial matters. Preamble. [2] Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. c. 104; and enacting words: Rep. 56 & 57 Vic, c. 14 (S. L. R.). The High Courts of Calcutta, Madras and Bombay were established by the Indian High Courts Act 1861. References How Indians incuded in Governor general legislative council (Hindi) Historical Background of the Indian Constitution. 5000. 1. Indian High Courts Act of 1861 - Free download as PDF File (.pdf), Text File (.txt) or view presentation slides online. The Admiralty Court Act, 1861 (British) Provided always, that if in any such Cause the Plaintiff do not recover Fifty Pounds, he shall not be entitled to any osts, CCharges, or xpenses incurred by him therein, unless the E Judge shall Certify that the cause was a fit one to be tried in the said Court. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The High Courts of Calcutta, Madras and Bombay were established by Indian High Courts Act 1861. Indian council Act 1861, Indian High court Act 1861, Indian Civil Service Act 1861. (d) The High Courts of Mumbai, Kolkata and Chennai exercise original civil jurisdiction when the amount involved is more than two thousand rupees. c. 104, which means that the act was passed in the U.K. parliament session starting in the 24th year of the regin of Queen Victoria and ending in the 25th year in the 104th meeting. as follows: 1. For the executive functions of the Council, a fifth member was added. Short title.- This Act may be cited for all purposes as The Admiralty Court Act, 1861. 2. ADMIRALTY COURT ACT, 1861 [24 Vict c 10] [17th May 1861] An Act to Extend the Jurisdiction and Improve the Practice of the High Court of Admiralty Whereas it is expedient to extend the jurisdiction and improve the practice of the High Court of Admiralty of England: Be it therefore enacted, etc. He will send his letter of resignation to the President. (b) The original jurisdiction of High Court extends to matters of admiralty, matrimonial, contempt of court and cases ordered to be transferred to High Court by lower court. Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary. Sir Walter Morgan, Barrister-at-Law was appointed the first Chief Justice of the High Court of North-Western Provinces. Under this power, a High Court was established in 1866 at High Court of Judicature for the North-Western Provinces at Agra on 17 March 1866 by the Indian High Courts Act of 1861 replacing the Sadr Diwani Adalat. The States High Courts like the Supreme Court has the power of Judicial Review. (e) The High Court hears the cases on income tax, sales tax etc. An Act to extend the Jurisdiction and improve the Practice of the High Court of Admiralty. Indian High courts act 1861 Company kept judicial and executive functions separate since year 1793. Each High Court was to consist of a Chief Justice and NOT more than 15 regular judges. The High Courts had an Original as well as an Appellate Jurisdiction the former derived from the Supreme Court, and the latter from the Sadar Diwani and Sadar Foujdari Adalats, which were merged in the High Court. Best tree of learning Legal History. SECTION 01: [Rep. 56 & 57 Vict, c. 14 (S. L. c. 104; and enacting words: Rep. 56 & 57 Vict, c. 14 (S. L. R.). Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1865. The Indian High Courts Act of 1861 (24 & 25 Vict. Get Latest News, Breaking News about high courts act 1861. 1. . The Indian High Courts Act, 1861, abolished … HIGH COURTS ACT, 1865. INDEPENDENT STATE OF PAPUA NEW GUINEA. It was titled as "An Act for establishing High Courts of Judicature in India". §15 established High Courts' measures of administrative superintendence over the courts subject to their appellate jurisdiction. Commenced on 17 May 1861 by Chapter 27 [Up to date as at 6 November 2020] [Amended by The Statute Law Revision and Civil Procedure Act, 1875 (Chapter 66) on 11 August 1875] [Amended by Statute Law Revision and Civil Procedure Act, 1881 (Chapter 59) on 27 August 1881] [APPLICABILITY TO SOUTH WEST AFRICA: The Act was applied to South West … These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. Admiralty Court Act 1861 (Adopted), An Act to extend the Jurisdiction and improve the Practice of the High Court of Admiralty. Admiralty Court Act, 1861. The State High Court performs many administrative functions within its Territorial Jurisdiction. The other judges are appointed by the will of President, Governor and the Chief Justice of High Court. The High Court of a State is the highest court of the State and all other courts of the State work under it. The Indian High Courts Act, 1861 §2 specified the qualifications and salaries of judges serving the High Courts. The Act abolished the Supreme Courts at Calcutta, Madras, and Bombay; the Sadar Diwani Adalat and the Sadar Faujdari Adalat at Calcutta; Sadar Diwani Adalat and Sadar Faujdari Adalat at Madras; Sadar Diwani Adalat and Faujdari Adalat at Bombay (§8). 24 Vict. by enacting the Indian High Courts Act, 1861. Under §3 of the Act, judges could be selected from barristers (with 5 years of experience), civil servants (with 10 years of experience including 3 years as a zillah judge), judges of small cause courts or sudder ameen (with 5 years of experience), or pleaders of lander courts or High Courts (with 05 years of experience). Similarly there is one High Court at Guwahati which serves Assam, Arunachal Pradesh, Mizoram and Nagaland. Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. This legislation contained 19 sections only. 18 of 1865] [7th April, 1865] An Act to extend the Term for granting fresh Letters Patent for the High Courts in India, and to make further Provision respecting the Territorial Jurisdiction of the said Courts. (c) The High Courts of Mumbai, Kolkata and Chennai have original jurisdiction on hearing straightway cases involving the Christians and Parsies. (b) He should have been (I) a judge for 10 years of Subordinate court under the Judicial Service of the State or (ii) an Advocate for 10 years in a High Courts in India (Article 217). Normally there is one High Court in every State but there can be only one High Court for two or more States as well, according to the constitution. This act may be cited as 24 & 25 Vict. 2. The Bombay High Court was inaugurated on 14th August ,1862. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. 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